[Yoon Seok-yeol Impeachment] Victory of Constitution and Common Sense

Unanimous Decision by Constitutional Court Justices
Violation of Substantive and Procedural Requirements in Martial Law Declaration
Deployment of Military and Police to Seize National Assembly... Obstruction of Authority
Serious Breach of Constitutional Order and Democratic Republic

On the 4th, the Constitutional Court unanimously ruled by all eight justices to accept the impeachment of President Yoon Seok-yeol and remove him from the presidential office. Acting Chief Justice Moon Hyung-bae read the order at 11:22 a.m., stating, "The respondent, President Yoon Seok-yeol, is dismissed." The ruling was made while being broadcast live, watched by the entire nation.

Citizens attending a rally calling for impeachment cheer near the presidential residence in Hannam-dong, Yongsan-gu, Seoul, on the 4th, when the Constitutional Court ruled in favor of the impeachment case against President Yoon Seok-yeol. Photo by Yonhap News

As a result, President Yoon became the second president of the Republic of Korea to be impeached and leave office in disgrace before completing his term. This occurred 35 months (1,061 days) after his inauguration, and 111 days after the National Assembly passed the impeachment motion on December 14, 2024, suspending his duties. The Constitutional Court held 11 hearings, conducted testimony from 16 witnesses, and after concluding arguments on February 25, underwent a 38-day deliberation period to gather the justices' opinions.

Following the Constitutional Court's decision to remove President Yoon, the 21st presidential election will be held within 60 days. The election management will be handled by the cabinet led by Prime Minister Han Duck-soo, who is also acting president.

In its decision, the Constitutional Court stated, "Emergency martial law is stipulated in the Constitution to be declared in a national emergency equivalent to wartime or armed conflict." It added, "The respondent claimed abuse of the National Assembly's impeachment, allegations of election fraud, and budget review issues as reasons for declaring martial law, but the exercise of emergency martial law cannot be justified." The court further noted, "Even considering all arguments from the respondent, these issues should be resolved through political, institutional, and judicial means, not by mobilizing military forces."

The court acknowledged the truth of President Yoon's order to "pull them out," stating it was "unconstitutional and illegal as it infringed upon the National Assembly's deliberation and voting rights, the immunity of members from arrest, and the freedom of political party activities." The court said, "The respondent politically deployed soldiers into the National Assembly, pitting the military against citizens, violating the political neutrality of the military and breaching the president's duty as commander-in-chief of the armed forces."

Furthermore, the court stated, "President Yoon infringed upon the people's political fundamental rights and the right to collective action through the martial law proclamation, and the search and seizure of the National Election Commission violated the constitutional warrant principle and the independence of the commission." It also ruled that attempts to arrest politicians and former Supreme Court justices constituted "an infringement of judicial authority."

On the 4th, the day of the impeachment trial verdict for President Yoon Seok-yeol, constitutional court justices entered and took their seats in the Grand Chamber of the Constitutional Court in Jongno-gu, Seoul. Photo by Joint Press Corps

Regarding whether the unconstitutional and illegal acts were serious enough to warrant President Yoon's removal, the court said, "The respondent abused the state's emergency powers by declaring martial law in violation of the Constitution and laws, causing shock to the people," and "He betrayed the constitutional duty and the trust of the sovereign people of the democratic republic in a grave manner." The court added, "This is a serious legal violation that cannot be tolerated from the perspective of upholding the Constitution." It concluded, "The benefits of removing President Yoon far outweigh the disadvantages."

President Yoon is currently undergoing a criminal trial on charges of leading a rebellion. The first hearing is scheduled for the 14th of this month. With the constitutional immunity guaranteed to a sitting president removed, investigations into abuse of power and other charges are expected to proceed swiftly in addition to the rebellion charges.

With the conclusion of the 111-day impeachment trial by the Constitutional Court, South Korea faces the challenge of healing divisions and resolving conflicts. The political sphere, deeply divided even before the '12.3 Martial Law Incident,' and the wounded public sentiment are difficult to restore. As the impeachment ruling day approached, the 'square' has split into extreme confrontations reminiscent of civil war. The most urgent task is to respond to the diplomatic and economic crises symbolized by the 'Trump-originated tariff bomb.' National consensus and full-scale efforts are required. The restoration of national leadership is imperative.